The Road Vehicles (Construction and Use) Regulations 1986

[F1 Interpretation of regulations 10A and 10B E+W+S

10C.— (1) The following provisions of this regulation apply for the interpretation of this regulation and regulations 10A and 10B.

(2) Subject to paragraphs (4) and (5), a reference to high level equipment, in relation to a motor vehicle, is a reference to equipment which is so fitted to the vehicle that—

(a) the equipment can be raised by means of a power operated device, and

(b) the raising or lowering of the equipment is capable of altering the overall travelling height of the motor vehicle when the vehicle and every trailer drawn by it is unladen.

(3) Subject to paragraph (4) and (5), a reference to high level equipment, in relation to a trailer drawn by a motor vehicle, is a reference to equipment which is so fitted to the trailer that—

(a) the equipment can be raised by means of a power operated device, and

(b) the raising or lowering of the equipment is capable of altering the overall travelling height of the motor vehicle when the vehicle and every trailer drawn by it is unladen.

(4) A reference to high level equipment in relation to a tipper which is—

(a) a motor vehicle first used before 1st April 1998, or

(b) a trailer manufactured before that date,

shall be construed as not including the relevant part of the tipper.

(5) Where equipment fitted to a vehicle would otherwise be high level equipment, that equipment shall not be regarded as high level equipment if—

(a) the equipment is so designed and constructed that—

(i) it can be fixed in a stowed position by a locking device when travelling; and

(ii) it is not possible for a person in the cab to interfere with the locking device; and

(b) the equipment is fixed in that position by the locking device.

(6) The following expressions shall bear the following meanings—

(a) “EEA State” means a state which is a contracting party to the EEA Agreement; and

(b) “EEA Agreement” means the Agreement on the European Economic Area signed at Oporto on 2 May 1992 as adjusted by the Protocol signed at Brussels on 17 March 1993;

(c) “maximum height”, in relation to any high level equipment fitted to a vehicle, means the height of the highest point of that equipment above the ground when it is raised as far as possible by means of that device and the vehicle is unladen;

(d) “maximum travelling height”, in relation to a motor vehicle to which regulation 10A applies, means—

(i) if the overall travelling height could be increased by raising any high level equipment fitted to the vehicle or to any relevant trailer drawn by [F2 it] that is not for the time being at its maximum height, the greatest overall travelling height that could be achieved by raising such equipment (without making any other changes to the vehicle, its load or equipment or to any trailer drawn by it, its load or equipment); or

(ii) in any other case, the overall travelling height;

(e) “overall travelling height” has the meaning given by regulation 10(9)(b);

(f) “relevant part”, in relation to a tipper, shall be construed in accordance with sub-paragraph (g);

(g) “tipper” means a vehicle that is so constructed that it can be unloaded by part of the vehicle (in this regulation referred to as the “relevant part”) being tipped sideways or rearwards, and

a reference to equipment fitted to a vehicle includes part of the vehicle.

(7) “Relevant trailer” means a trailer manufactured on or after 1st April 1993 not being—

(a) an agricultural trailer;

(b) an agricultural trailed appliance;

(c) a works trailer;

(d) a trailer used by [F3 a fire brigade maintained under the Fire Services Act 1947][F3 employees of [F4 the Scottish Fire and Rescue Service] for the purposes of that [F5 Service]] [F6 or, in England or Wales, a trailer used by employees of a fire and rescue authority for the purposes of that authority under the Fire and Rescue Services Act 2004] [F7 or, in England, a trailer used by employees of a fire and rescue authority for the purposes of that authority under the Fire and Rescue Services Act 2004];

(e) a broken down vehicle (including an articulated vehicle) being drawn by a motor vehicle in consequence of a breakdown.]

Textual Amendments

F1 Regs. 10-10C substituted for reg. 10 (1.10.1997) by The Road Vehicles (Construction and Use) (Amendment) Regulations 1997 (S.I. 1997/530), reg. 1(1), Sch.

F2 Word in reg. 10C(6)(d)(i) inserted (1.6.1998) by The Road Vehicles (Construction and Use) (Amendment) (No. 3) Regulations 1998 (S.I. 1998/1188), regs. 1, 5

F3 Words in reg. 10C(7)(d) substituted (S.) (2.8.2005) by The Fire (Scotland) Act 2005 (Consequential Modifications and Amendments) (No. 2) Order 2005 (S.S.I. 2005/344), art. 1, sch. para. 5(3); S.S.I. 2005/392, art. 2

F4 Words in reg. 10C(7)(d) substituted (S.) (1.4.2013) by The Police and Fire Reform (Scotland) Act 2012 (Consequential Modifications and Savings) Order 2013 (S.S.I. 2013/119), art. 1, sch. 2 para. 4(3)(a)

F5 Word in reg. 10C(7)(d) substituted (S.) (1.4.2013) by The Police and Fire Reform (Scotland) Act 2012 (Consequential Modifications and Savings) Order 2013 (S.S.I. 2013/119), art. 1, sch. 2 para. 4(3)(b)

F6 Words in reg. 10C(7)(d) inserted (W.) (25.10.2005) by The Fire and Rescue Services Act 2004 (Consequential Amendments) (Wales) Order 2005 (S.I. 2005/2929), arts. 1(1), 11(3)

F7 Words in reg. 10C(7)(d) inserted (E.) (30.12.2004) by The Fire and Rescue Services Act 2004 (Consequential Amendments) (England) Order 2004 (S.I. 2004/3168), arts. 1(1), 10(3)